Man i want to wish you good luck!...I hope that now i speak for all the members of this forum when i say that we are all supporting you on this one!...We should all re-post this on others forums, all social network sites(hopefully teach those MF-ers a lesson)....

If the Penske GM has retained a lawyer, then he is expecting you to file a lawsuit against him and/or Penske. Granted if you do this, you could hurt their pocketbooks for a few hundred thousand dollars (depending on trial by jury or judge, and their estimate of Penske's fucktardedness to dollar ratio). But Penske is so large, I doubt it'll make a huge impact on their bottom line since every large corporation has a slush fund for lawsuits.

Instead, getting this story on every social media website, blog, major media outlets would really hurt them. If jalopnik/auto blog/etc publishes this story, Penske would really start feeling the pain. (Here is a short link you can give everyone or write on your portable billboard in front of their dealership: http://goo.gl/z1X71) Right now, its your word against theirs, with BMWNA in the middle and the rest of us (who do not live near this dealership) saying we'll never buy from them.

You are doing a great thing here by fighting this the way you are, in a calm and respective manner, so that Penske knows they can't continue to be irresponsible and operate an unethical business. Hopefully BMWNA will come down on them hard, but as we both know, BMW only makes money from each dealership it has.

I just want to express my support as well. You should do whatever it is necessary to resolve this issue to your satisfaction, and I don't think anyone will blame you if that includes a vow of silence. But as others have suggested, you could always try to generate negative publicity to make them pay for their irresponsible business practice as a last resort. Whatever happens, good luck to you, and keep us posted.

Oh and by the way, I contacted several reps for Penske who have been involved/following this and challenged them to get on a conference call with BMWNA and myself to go through the details of how this incident REALLY played out (so they can't feed BMWNA misleading info without me being there to correct it with proper credentials). So far, I've been ignored. For some reason I'm not surprised.

It would seem that the time for expecting the right thing to be done by the corporate world has passed. Good for you on taking a principled stand against an irresponsible vendor and the apparent lack of BMWNA to hold it to account.

As I stated in my last update, I spoke with the lead customer relations representative from BMWNA (Fran K.) just days before Christmas. She told me that everyone had left the office for an extended period of time due to the holiday and she was going to push the issue to the right people there and felt confident that after I had proven wrong the lies that Penske was telling them, she should be able to get everything taken care of. She asks that I lay low on the forums over the holidays as a consideration to her and as many of you can see, I obliged.

So finally after all that time goes by, I call her today and I get the same old song and dance "they said they're not going to do anything for you", "take it up with Penske", etc.

Finally I ask her: "is the fact that Penske mis-diagnosed my car and refused to take a further look upon my request something that you guys should be coming down on them for?" Her reply? "I can't comment on that".

I then ask her: "theoretically, let's say a dealership botched the diagnostic on a car, turned off the warning lights, and refused to take a better look upon a client's request.. and then a crucial power malfunction occurred. Would you say that that may be the fault of the dealer?". Her reply to that? "I'm afraid to answer that because of the fact that you've been posting everything that's gone on on that forum".

I proceed to tell her (respectfully) that this issue isn't going to go away just because BMW and Penske want this brushed under the rug. She tells me she'll call me today or tomorrow.. still waiting to hear back.

I call the people I've been dealing with at Penske and voicemail after voicemail. Emails continually go unanswered. They seem tone running off the assumption that if they just ignore the problem that it'll eventually go away.

It's my opinion that Penske KNOWS very well that they messed up big time. They all know I'm posting on here and informing everyone regularly and believe me, if even ONE comment I made on this public forum was untrue, they would have been in contact with me so quick threatening to sue me.

I'm sick of being ignored, especially over a safety issue such as this. At this point I'm asking all of my fellow members to post this on other forums and make others aware of this issue. I'm done playing nice and will be doing my part to make this an issue that not only hits the enthusiast circuit, but mainstream media as well. Enough is enough and I hope that you all will join in this fight to be heard with me.

We are with you man. Will repost links to this and let it spread like wild fire. Hope everything works out for you man!!!

As I stated in my last update, I spoke with the lead customer relations representative from BMWNA (Fran K.) just days before Christmas. She told me that everyone had left the office for an extended period of time due to the holiday and she was going to push the issue to the right people there and felt confident that after I had proven wrong the lies that Penske was telling them, she should be able to get everything taken care of. She asks that I lay low on the forums over the holidays as a consideration to her and as many of you can see, I obliged.

So finally after all that time goes by, I call her today and I get the same old song and dance "they said they're not going to do anything for you", "take it up with Penske", etc.

Finally I ask her: "is the fact that Penske mis-diagnosed my car and refused to take a further look upon my request something that you guys should be coming down on them for?" Her reply? "I can't comment on that".

I then ask her: "theoretically, let's say a dealership botched the diagnostic on a car, turned off the warning lights, and refused to take a better look upon a client's request.. and then a crucial power malfunction occurred. Would you say that that may be the fault of the dealer?". Her reply to that? "I'm afraid to answer that because of the fact that you've been posting everything that's gone on on that forum".

I proceed to tell her (respectfully) that this issue isn't going to go away just because BMW and Penske want this brushed under the rug. She tells me she'll call me today or tomorrow.. still waiting to hear back.

I call the people I've been dealing with at Penske and voicemail after voicemail. Emails continually go unanswered. They seem tone running off the assumption that if they just ignore the problem that it'll eventually go away.

It's my opinion that Penske KNOWS very well that they messed up big time. They all know I'm posting on here and informing everyone regularly and believe me, if even ONE comment I made on this public forum was untrue, they would have been in contact with me so quick threatening to sue me.

I'm sick of being ignored, especially over a safety issue such as this. At this point I'm asking all of my fellow members to post this on other forums and make others aware of this issue. I'm done playing nice and will be doing my part to make this an issue that not only hits the enthusiast circuit, but mainstream media as well. Enough is enough and I hope that you all will join in this fight to be heard with me.

Contact BBB
Share your story with Jalopnik, Autoblog, Reddit, make it go viral.
Consult lawyer to see if they are willing represent you compensated based on final judgement.

Post this story on this BMW reddit forum http://www.reddit.com/r/BMW/ , hundreds of thousands of people on reddit. Wont take long for it to get massive publicity. Once Jalopnik picks it up expect it to get huge, you never know, maybe some news stations will grab it then.

Arguru, I came across this thread from other forums (spread like wildfire is working!)

I read almost everything from both threads and only have one thing to say. Stop being nice already. You have already showed way more patience than the average person regarding this situation. Yet still everyone wants to give you the shaft. Stop bending over and execute your threats already.

Let the lawyers take your case (as evil as they are) send your story out to the press. Just stop being nice already. They will take advantage of your kindness for as long as you give it out. To the very last drop.

Stop being nice already. You have already showed way more patience than the average person regarding this situation. Yet still everyone wants to give you the shaft. Stop bending over and execute your threats already.

Let the lawyers take your case (as evil as they are) send your story out to the press. Just stop being nice already. They will take advantage of your kindness for as long as you give it out. To the very last drop.

+1
I've been saying the same thing since I started following OP's story. He's way too nice for anything to get done. I dont think you'd get anywhere with penske or BMWNA yourself... you need a lawyer and civil suit filed for damages.

Also, write to the state attorney general and attach a copy of your letter to Penske, BMWNA and GM. Name the names... and ask his office to investigate Penske for shady business practices as they are potential threat to public safety. I've written to state attorney general and you'd be surprised how helpful they are.

Saw this on Bimmerforums. This is outrageous, huh? I'm not the kind of person who would sue, but I'd be getting pretty pissed off in regards to all the time, frustration, wasting money, etc. put into getting this sorted out, when the issue has been clearing. You need to stop rolling over. I'd have my lawyer on the phone with them or a letter from him sitting on there desk tomorrow, threatening the shit out of them over some sort of civil case. Get in touch with the BBB, NHTSA...everything, man.